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11.4.5.5. Deposits lost for causes other than CON
<br />TRACTOR's negligence, royalty payments and fees lot
<br />permits and licenses.
<br />11.4.5.6. Losses and damages (and related
<br />expenses), not compensated by insurance or otherwise,
<br />to the Work or otherwise sustained by CONTRACTOR
<br />in connection with the execution of the Work, provided
<br />they have resulted from causes other than the negligence
<br />of CONTRACTOR, any Subcontractor, or anyone di-
<br />rectly or ;ndirectly employed by any of them or for
<br />whose acts any of them may be liable. Such losses shall
<br />include settlements made with the written consent and
<br />approval of OWNER. No such losses, damages and ex-
<br />penses shall be included in the Cost of the Work for the
<br />purpose of determining Contractor's Fee. If, however,
<br />any such loss or damage requires reconstruction and
<br />CONTRACTOR i� placed in charge thereof, CON-
<br />TRACTOR shall be paid for services a fee proportion-
<br />ate to that stated in paragraph 11.6.2
<br />11.4.5.7. The cost of utilities, fuel and sanitary
<br />facilities at the site.
<br />11.4.5.8. Minor expenses such as telegrams, long
<br />distance telephone calls, telephone service at the site,
<br />expressage and similar petty cash items in connection
<br />with the Work.
<br />11.4.5.9. Cost of premiums for additional Bonds
<br />and insurance required because of changes in the Work.
<br />11.5. The term Cost of the Work shall not include any of
<br />the following:
<br />11.5.1. Payroll costs and other compensation of CON-
<br />TRACTOR's officers, executives, principals (of partner-
<br />ship and sole proprietorships), general managers.
<br />engineers architects, estimators, lawyers, auditors,
<br />accountants, purchasing and contracting agents, exped,-
<br />ters, timekeepers, clerks and other personnel employed by
<br />CONTRACTOP whether at the site or in his principal or a
<br />branch office for general administration of the Work and
<br />not specifically included in the agreed upon schedule of lob
<br />aassificatioas referred to in subparagraph 11 4.1—all of
<br />which are to be considered administrative costs covered by
<br />the Conti actor's Fee.
<br />11.5.2. Expenses of CONTRACTOR's principal and
<br />branch offices other than CONTRACTOR's office at the
<br />;ite.
<br />115 3 Any part of CONTRACTOR's capital ex-
<br />penses, including interest on (.-ONTRACTOR's capital
<br />employed for the Work and charges against CON-
<br />TRACTOR for delinquent payments.
<br />I L � 4 t'ost of premiums for all Bonds and for all in-
<br />,urance whether of not c ON TRACTOR required b% 'he
<br />,o
<br />Contract Documents to purchase and maintain the same
<br />(except fur additional Bonds and insurance required be-
<br />cause of changes in the Work).
<br />II.5.5. Costs due to the negligence of CONTRAC-
<br />TOR, any Subcontractor, or anyone direc•ly or indirectly
<br />employed by any of them or for whose acts any of them
<br />may be liable, including but not limited to, the correction
<br />of defective Work, disposal of materials or-quipment
<br />wrongly supplied and making good any damage to
<br />property.
<br />11.5.6. Other overhead or general expense costs of any
<br />kind and the costs of any item not specifically and
<br />expressly included in paragraph 11.4.
<br />Contractor's Fee:
<br />11.6. the Contractor's Fee allowed to CONTRACTOR
<br />for overhead and profit shalt be determined as follows:
<br />1 1 .6.1 . a r-utually acceptable fixed fee; or if none can
<br />be agreed upon,
<br />1 1 .6.2. a fee based on the following percentages of the
<br />various portions of the Cost of the Work:
<br />11.6.2.1. for costs incurred under paragraphs
<br />! 1 .4.1 and 11.4.2, the Contractor's Fee shall be ten
<br />percent,
<br />11.6.2.2. for costs incurred under paragraph
<br />11.4.3, the Contractor's Fee shall be five percent: and if
<br />a subcontract is on the basis of Cost of the Work Plus a
<br />Fee, the maximum allowable to the Subcontractor as a
<br />fee for overhead and profit shall be ten percent, and
<br />11.6.2.3. no fee shall be pavable on the basis of
<br />costs itemized under paragraphs 114 4, 11 4.5 and
<br />1!.5.
<br />1 I.' The amount of credit to be allowed by CONTRAC-
<br />TOR to OWNER for any such change which r"utis in a net
<br />decrease in cost, will be the amount of the actual net decrease.
<br />When both additions and credits are involved in any ne
<br />change, -',e combined overhead and profit shall be figured on
<br />the hasis of the net increase. if any
<br />Adjustment of Unit Prices:
<br />111. Wheueyer the cost of any Work is to be determined
<br />pursuant to paragraphs t 1 .4 and 11.5, CONTRACTOR will
<br />,ubmit in form acceptable to ENGINEER an itemtLed co.t
<br />breakdown together with supporting data.
<br />11.9 Where the quantity of Work with respect to any
<br />item that is covered by a unit price differs materially and sig-
<br />nificantly from the quantity of such V1ork indt.ated in :hc
<br />k'oniract Documents, an appropriate Change Order ,hall he
<br />issued on recommendation of ENGINEER to adjust the unit
<br />price
<br />
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